| Probable cause affidavit: |
SUBMITTED BY: CIANCIA, TERRY 0575 (AR09112240) drive or was in the actual physical control of a vehicle while under the influence of alcoholic beverages, model glue or any substance controlled under Chapter 893 or Chapter 877.111 to the extent HIS normal faculties were impaired and by reason of such operation did cause damage TO the property of another, to-wit: A BLUE TOYOTA, in violation of Florida Statute 316.193(3)(C)(1) ON 120509 AT 1638 HOURS, I WAS DISPATCHED TO THE AREA OF US HIGHWAY 19 NORTH, JUST SOUTH OF WEST FORT ISLAND TRAIL IN CRYSTAL RIVER IN REFERENCE TO A TRAFFIC CRASH. UPON ARRIVAL AT 1640 HOURS, I OBSERVED TWO VEHICLES IN THE ROADWAY THAT HAD CLEARLY MADE CONTACT. THE VEHICLE IN THE REAR WAS OCCUPIED BY THE DEFENDANT, MR JAMES DICKS, AND THE VEHICLE IN THE FRONT WAS OCCUPIED BY THE VICTIM. IN SPEAKING WITH THE VICTIM, HE ADVISED HE WAS STOPPED FOR THE TRAFFIC SIGNAL AND OUT OF NOWHERE, HE WAS SUDDENLY REAR-ENDED BY THE VEHICLE DRIVEN BY THE DEFENDANT. I CONDUCTED MY ACCIDENT INVESTIGATION AND GAVE THE VICTIM THE AGENCY INVESTIGATION NUMBER ALONG WITH MY BUSINESS CARD BEARING THIS CASE NUMBER. I RETURNED TO MR DICKS AND RETURNED HIS EXPIRED INSURANCE CARD AND A REGISTRATION WHICH BELONGED TO A 1984 VEHICLE WHICH WAS CLEARLY NOT THE VEHICLE HE WAS OPERATING. WHILE SPEAKING WITH MR DICKS, I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE ON OR ABOUT HIS PERSON. I ASKED HIM TO EXIT HIS VEHICLE AND HE WAS ALMOST UNABLE TO EXIT HIS VEHICLE WITHOUT ASSISTANCE. UPON FINALLY EXITING HIS VEHICLE, MR DICKS HAD TO USE HIS VEHICLE FOR SUPPORT. MR DICKS HAD VERY RED AND GLASSY EYES, EXTREMELY SLOW AND SLURRED SPEECH AND WAS CLEARLY UNABLE TO FIND THE REQUESTED DOCUMENTS, SUCH AS HIS DRIVER'S LICENSE, WHICH HE WAS NEVER ABLE TO PRODUCE; HIS INSURANCE CARD AND HIS VEHICLE REGISTRATION WHICH I WAS FINALLY ABLE TO LOCATE. I EXPLAINED TO MR DICKS THAT MY INVESTIGATION OF THE TRAFFIC CRASH WAS NOW COMPLETED AND I WAS NOW INVESTIGATING A CRIMINAL VIOLATION, DRIVING UNDER THE INFLUENCE. I READ HIM MIRANDA WARNINGS FROM PREPARED TEXT, TO WHICH HE ADVISED HE UNDERSTOOD AND WAS WILLING TO SPEAK WITH ME. I ADVISED MR DICKS THAT BOTH THE VICTIM AND THE PASSENGER IN THE VEHICLE HE HAD STRUCK WERE ABLE TO IDENTIFY HIM AS THE DRIVER OF THE VEHICLE THAT HAD STRUCK HIS VEHICLE. I ASKED MR DICKS IF HE WOULD BE WILLING TO SUBMIT TO A SERIES OF FIELD SOBRIETY TASKS, TO WHICH HE ADVISED HE WOULD, HOWEVER, HE STATED HE REALLY NEEDED "TO PEE." I WALKED MR DICKS ACROSS US HIGHWAY 19 TO A LEVEL AREA IN THE PARKING LOT OF CRYSTAL RIVER KIA. I ASKED MR DICKS TO FACE ME, PUT HIS FEET TOGETHER AND HIS HANDS AT HIS SIDES. MR DICKS DID THIS AND THEN STATED "RIGHT HERE IN PUBLIC?" I ADVISED HIM YES, THAT WE WERE GOING TO CONDUCT THE FIELD SOBRIETY TASKS RIGHT HERE IN PUBLIC. WITH THAT, MR DICKS REACHED DOWN, UNZIPPED HIS PANTS AND REMOVED HIS PENIS. I IMMEDIATELY TOLD HI M HE WAS NOT GOING TO PEE IN THE PARKING LOT AND TOLD HIM WE WERE GOING TO CONDUCT THE FIELD SOBRIETY TASKS IN THE PARKING LOT, AT WHICH TIME I HAD HIM REARRANGE HIMSELF. I ADVISED MR DICKS THAT THE FIRST TASK WAS THE FINGER TO NOSE TASK. I DEMONSTRATED THE TASK AND THEN HAD MR DICKS ATTEMPT TO PERFORM IT. WHEN MR DICKS CLOSED HIS EYES AND TILTED HIS HEAD BACK, AS INSTRUCTED, HE LOST HIS BALANCE AND FELL BACKWARD, ALMOST FALLING TO THE GROUND, WHICH HE WOULD HAVE IF NOT CAUGHT BY THIS DEPUTY. I THEN HAD DEPUTY FERGUSON STAND APPROXIMATELY THREE INCHES BEHIND MR DICKS, IN CASE HE FELL AGAIN, SO HE WOULD BE CAUGHT MUCH EASIER. I AGAIN HAD HIM TILT HIS HEAD BACK AND CLOSE HIS EYES, AT WHICH TIME HE CONTINUOUSLY SWAYED BACK AND FORTH MORE THAN THREE INCHES. WITH HIS RIGHT INDEX FINGER, MR DICKS TOUCHED HIS UPPER LIP. WITH HIS LEFT INDEX FINGER, MR DICKS TOUCHED THE BRIDGE OF HIS NOSE. AFTER TOUCHING THE BRIDGE OF HIS NOSE, MR DICKS AGAIN LOST HIS BALANCE, THIS TIME FALLING FORWARD INTO MY GRASP. AT THAT POINT, I DETERMINED IT WOULD BE UNSAFE FOR MR DICKS TO PERFORM ANY MORE SOBRIETY TASKS BECAUSE HE WAS CLEARLY TOO INTOXICATED TO PERFORM ANY OTHER TASKS WITHOUT POSSIBLY INJURING HIMSELF. I ADVISED MR DICK HIS WE WAS BEING PLACED UNDER ARREST FOR DUI WITH PROPERTY DAMAGE. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. PRIOR TO LEAVING THE SCENE, MR DICKS' VEHICLE WAS MOVED AND SECURED, PER HIS REQUEST. UPON ARRIVAL AT THE DETENTION FACILITY, MR DICKS WAS READ HIS MIRANDA WARNINGS AND IMPLIED CONSENT BY THE INTOXILYZER OPERATOR. MR DICKS AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD WITH THE TEST RESULTS BEING .144 AND .150. MR DICKS WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE WITH A $500.00 BOND, PER THE BOND SCHEDULE. MR DICKS WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 7078-XDO2 WITH A MANDATORY COURT APPEARANCE ON 010710 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 0977-FYA2, FOR CARELESS DRIVING, AND UNIFORM TRAFFIC CITATION NUMBER 0979-FYA5, FOR FAILURE TO CARRY/EXHIBIT DRIVER'S LICENSE ON DEMAND. *NOT-EXEMPT* |
